Court : Gujarat
Reported in : 2002ACJ780; (2001)3GLR2528
J.N. Bhatt, J. PREFATORY PROFILE :1. After having, extensively, examined the testimonial collection and documentary evidence and having heard the elaborate and marathon submissions, in this group of 10 appeals, before, we discuss, determine and adjudicate upon the controversies raised relating to the negligence and the amount of compensation, in the realm of law of tort, following inevitable aspects, ought to be considered and articulated.1. What is the fortune, only misfortunes can say.2. The great and staggering human loss on account of road mishap contributing and affecting the national growth and resources.3. The unsafe, avoidable, travelling and hazardous way of driving, that too of a public utility concern.Since this group of ten appeals raise painful but common, heart-stealing but identical facts emanating from the common judgment resolving eleven claims and also arising out of the common accident, they are being disposed of by this common judgment.2. As the ill-luck would have ...
Tag this Judgment!Court : Gujarat
Reported in : 1977ACJ253; AIR1977Guj195; (1978)0GLR216
Ahmadi, J. 1. On the morning of 8th May, 1972 at about 6.00 A.M. Gordhanbbai Tarjabhai was driving his bullock cart laden with cotton along National Highway No. 8 towards Vasad Cross roads with Aheshbhai Ranchhodbhai resting on top of the cotton bales. A speeding Ambassador Car No. M. H. C. 7144 driven by one Chandrashekhar K. Nair came from behind and dashed against this bullock cart, which was proceeding at a leisurely pace towards Vasad cross roads. As a result of this violent impact from behind, the cart driver Gordharibhai was killed instantaneously. Maheshbhai, who was sitting on the top of the cotton, was thrown out and sustained injuries. One bullock died on the spot and the other was injured. The cart was reduced to a shambles. The brother and the nephews of the deceased filed a claim application No. 78 of 1972 before the Motor Accident Claims Tribunal, Kaira at Nadiad claiming a sum of Rs.20,000/- by wav of com- pensation on the ground that the accident was the direct result ...
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR662
M.U. Shah, J.1. This appeal arises out of dismissal of a Civil Suit for compensation instituted under the Fatal Accidents Act, 1855 (Act XIII of 1855) by a young widow of 25 years and her two infant sons for the benefit of themselves and of two minor daughters named Shanta and Kamla. The compensation prayed for in the suit which was filed in the Court of the Civil Judge Senior Division at Nadiad as Special Civil Suit No. 28 of 1957 was for loss occasioned by the death of one Bhoi Shana Kalyan to the said dependants of the deceased, who was the husband of the plaintiff-widow and father of the four minor children. The death of said Bhoi Shana Kalyan is alleged to have been caused by wrongful acts of the original defendants who are respondents herein. Deceased Bhoi died at a young age of 25 years, leaving behind him the plaintiff-widow and four minor children aged 9, 2, 8 and 4 respectively. The plaintiffs claim damages against the defendants as joint tort-feasors for their tortious acts ...
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR447
R.K. Abichandani, J.1. This group of petitions raises common questions and the petitions have been argued together by the learned Counsels appearing for both the sides.2. The petitions centre around the question of protecting, preserving and improving the water-bodies in the State and safeguarding them against encroachments.3. In Special Civil Application No. 10621 of 2000, the petitioner has sought a direction on the respondents to place water policy of the Government of Gujarat before this Court and also the record to show big and small lakes in and around Ahmedabad as they existed in the year 1960 and their present status. A direction is also sought for removing all encroachments on the land bearing Survey No. 353 of lake Chandola and for executing the work for distillation, reviving feeder streams and taking effective steps for reviving and recharging it. It is stated in the petition that lake Chandola which is on the outskirts of Ahmedabad admeasured about 297 acres and 28 gunthas...
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
R.K. Abichandani, J.1. These four petitions raising the following questions referred by two learned Single Judges are listed before us alongwith other cognate matters which are tagged with them.Questions Referred:2. In Special Civil Applications No.4715 of 2003 and 4435 of 2001, the learned Single Judge, (H.K. Rathod, J.), by his order dated 4-12-2003, formulated six questions for referring them to the Larger Bench in the following terms;'(1) Whether the Forest Department and the Irrigation Department of the State can be said to be an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 or not ?(2) What is the correct law between the two different views/ratios laid down by two different Division Bench of this Court in case of PWD EMPLOYEES UNION THROUGH ITS SECRETARY, 1987[2] GLR 1070 wherein the Irrigation Department of the State is held to be an industry for the purpose of I.D. Act and decision of Division Bench of this Court in case of SHANKERJI CHELAJI T...
Tag this Judgment!Court : Gujarat
Reported in : [1969]24STC180(Guj)
Divan, J. 1. In this reference under section 61 of the Bombay Sales Tax Act, 1959 (hereinafter referred to as the Act), the following two questions have been referred by the Tribunal to this Court :- '(1) Whether on the facts and in the circumstances of the case, in respect of the sales effected by the canteen during the periods from 16th February, 1960 to 30th June, 1960, 1st July, 1960 to 30th June, 1961, 1st July, 1961 to 30th June, 1962 and 1st July, 1962 to 30th June, 1963, the opponent-society is a dealer within the meaning of the definition of the term 'dealer' contained in clause (11) of section 2 of the Bombay Sales Tax Act, 1959 (2) If the answer to question No. (1) is in the negative, whether on the facts and in the circumstances of the case the opponent-society would still be liable to pay tax during the period it holds registration certificate by virtue of sub-section (5-A) of section 22 of the Bombay Sales Tax Act, 1959 ' 2. We may point out that in question No. (1), the...
Tag this Judgment!Court : Gujarat
Reported in : (1981)22GLR712
B.J. Divan, C.J.1. In this case the petitioners challenge the validity of a notification issued by the Government of Gujarat under Section 7 of the Commissions of Inquiry Act, 1952 (herein-after refened to as the Act), discontinuing the Commission which the State Government had appointed on September 9, 1979 under Section 3 of the Act.2. It may be pointed out that the notification under Section 7 was issued on March 17, 1981 but the petition was filed on the same day earlier on 17th March 1981. The petition was filed on the basis that the Government was about to issue the said notification under Section 7 and in the petition as originally framed, the prayer was to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order permanently restraining the respondents, their agents and servants from winding up or obstructing or interfering with the proceedings of the Commission. Prayer (B) was to quash and declaretde notification or order, i...
Tag this Judgment!Court : Gujarat
Reported in : 1992CriLJ3298
K.G. Shah, J. 1. On 20th September 1984 the people of Mangadh, a small village of Bhavnagar District experienced a horrifying nightmare when there was a carnage resulting in ten brutal murders in a span of less than two hours, committed by a Group of assailants by their wanton firing and use of other weapons at unarmed innocent victims. According to the prosecution, the accused did this with a view to settling the scores with the Patels, who were acquitted in a case, arising from the incident of 1982 where three Darbars (Rajputs) had lost their lives. Of course, in between, there were many criminal cases between them. Thus, in the present proceedings, we are required to deal with a case where revenge or vendetta is alleged to be the sole motive. The present appeals arise out of the judgment and order of conviction and sentences rendered in Sessions Case No. 5 of 1985, with which was consolidated, Sessions Case No. 124 of 1985, by the learned Sessions Judge, Bhavnagar, who at the end of...
Tag this Judgment!Court : Gujarat
Reported in : (1968)10GLR8
N.K. Vakil, J.1. The petitioner was elected a member of the Village Panchayat of Moti Kunkavav of Vadia Taluka of Amreli District (hereinafter referred to as 'the Gram Panchayat') in the year 1960. In a meeting held on the 30th of June 1960, the petitioner was duly elected as Sarpanch. Section 14 of the Gujarat Panchayats Act, 1961, (hereinafter referred to as 'the Act') provides the constitution of the Taluka Panchayat. It consists of four categories of members. (A) Ex-Officio members and these ex-officio members are (i) the Sarpanchas of all the Gram Panchayats within the taluka, and (ii) The Chairmen of all the Nagar Panchayats within the taluka; (B) Elected members; (C) Co-opted members; (D) Associate members. We do not deem it necessary to enter into the details of the last three categories of the members of the Taluka Panchayat. Under this constitution, when the petitioner was elected the Sarpanch of the Gram Panchayat, be became an ex-officio member of the Vadia Taluka Panchayat...
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